Tag: Divorce

Appeal Granted Following Exceptional Case Preparation by Sterling Law

Sterling Law was recently instructed by a Ukraine national in an appeal case. The client was granted a residence card when she married a Lithuanian national in 2012. This residence card expired on 7 March 2018. Unfortunately, the couple separated and divorce proceedings were initiated on 10 October 2017 but it is unsure whether the marriage has been fully terminated. The client made an application for a new residence card on 11t September 2017 on the same grounds but this application was refused due to a number of reasons alleged by the Secretary of State namely; the marriage was allegedly one of convenience, the client’s husband had a number of financial links and the passport submitted by the client’s husband in her application was not valid.  

The Judge noted the fact that Secretary of State failed to adduce evidence on the assertion that the client’s marriage was one of “convenience”. Besides that, the Secretary of State also claimed that the passport submitted by the client’s husband in the application for a residence card was invalid. This is because the Lithuanian passport had allegedly been reported “lost or stolen”. The quick thinking lawyers at Sterling Law sought to get a letter from the client’s husband to be adduced as evidence. This letter was necessary to confirm that his passport was submitted with the application and was not reported lost or stolen. The Judge considered this letter credible. The Judge further noted that the Secretary of State failed to produce evidence to prove that the Lithuanian passport in question was ever reported lost or stolen by the client’s husband. On the other hand, with regards to the assertion that the client’s husband is involved in economic activity, the Judge found that this assertion has “no bearing whatsoever on the question whether his marriage” to the client was one of convenience. As a result of the lack of relevance of this issue the Judge did not take this point into consideration when making the decision. 

In the appeal hearing, the Judge was impressed by the preparation of the case. The Judge particularly complimented the witness statement and appeal bundle prepared by the experienced lawyers at Sterling Law. In addition, the Judge was also impressed by the “professionalism and candour” of the Counsel instructed by Sterling Law. 

The Judge concluded that the Sterling Law’s client provided an “entirely credible explanation” and the client “must succeed in her appeal”. 

UK Immigration & Legal Assistance

For expert advice and assistance in relation to your particular case and to enquire about the legal fees, please contact our lawyers on

Tel. +44(0) 20 7822 8599

Mobile / Viber: +44 (0) 73 0584 8477

e-mail: contact@sterling-law.co.uk

or via our online appointment booking form.

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UK right of residence granted to Belarusian national after he divorced his EEA partner

Refusal rate seems to be particularly high in the immigration cases. This includes right of residence applications. Applicants then need to appeal against the Home Office decision, which is another procedural nightmare.

Retained Right of Residence in the UK after Divorce

Belarussian national divorced from his EEA National spouse in 2014. He still, however, had family ties in the UK (his brother was settled in the country).

Our client sought to retain his right of residence after separation from his partner – EU national. He had been fighting for 4 years before positive decision was achieved.

After the divorce was finalised in 2014, the client submitted an application to retain his right of residence (as per Regulation 10 of the EEA Regulations 2016). It was, however, refused because there was no enough evidence confirming that his ex-partner was working in the UK from the date the divorce petition was sent until the date his divorce was finalised.

He appealed against this decision and the appeal was dismissed as how the Judge said

“the Appellant had not shown he had made every effort to provide the required documents”

of his partner exercising the Treaty Rights at the date of the divorce. He only provided evidence up to the date the petition was sent.

Therefore, our client submitted another retain right of residence application in 2016 which was refused. The Home Office repeated the previously made decision as they still did not believe the EEA National to be exercising free-movement rights in the UK at the time of divorce. Then, we submitted EEA PR application in 2017 which was also refused based on the same grounds.

Senior solicitor, Shakir Hussain, assisted by immigration lawyer, Aliya Rimshelis, appealed against this decision and submitted evidence to court as

the refusal was contrary to the determination in our precedent-setting case Baigazieva vs Secretary of State for the Home Department [2018] EWCA. There it was provided that the EEA National ex-spouse need only be exercising treaty rights until the date of the initiation of the divorce proceedings.

Right of residence appeal, however, was complicated by difficult family circumstances our client faced.

In the midst of his appeal he had to leave the UK to support his mother in Belarus, who was undergoing cancer treatment. He, however, needed to return to the UK, to be present as a witness to his own appeal hearing. Our client applied for a Visitor visa, which was also refused.

Nevertheless, the judge was satisfied with the provided evidence and submissions that we helped to obtain, and the appeal was successful.

For more details on application of the UK immigration rules and EEA Regulations, please contact us directly:

Shakir Hussain, Senior solicitor

Email: shakir@sterling-law.co.uk

Phone: +44 (0) 20 7822 8535

 

Aliya Rimshelis, Corporate Immigration Lawyer

Email: aliya@sterling-law.co.uk

Phone: +44 (0) 20 7822 8535

 

UK Immigration Assistance

For expert advice and assistance in relation to your particular immigration case and to enquire about the immigration and legal fees, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, or via our online appointment booking form.